Scope
Contract Conclusion
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Conditions
Granting of Usage Rights for Digital Content
Retention of Title
Liability for Defects (Warranty)
Applicable Law
Alternative Dispute Resolution
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of TwinPeaks (hereinafter referred to as “Seller”) apply to all contracts for the delivery of goods and services that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the seller with regard to the goods presented by the seller in its online shop. The inclusion of the customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the provision of digital content, unless otherwise stipulated. Digital content within the meaning of these GTC are data that are created and provided in digital form.
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.5 The subject matter of the contract may be – depending on the content description of the seller – both the one-time provision of digital content and the regular provision of digital content (hereinafter referred to as “Subscription Contract”). In the case of the subscription contract, the seller undertakes to provide the customer with the contractually owed digital content for the duration of the agreed contract term in the contractually agreed time intervals.
2.1 The product descriptions contained in the seller’s online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller’s online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The seller can accept the customer’s offer within five days,
by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the Customer is decisive, or
by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
by requesting the Customer to pay after submitting their order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer’s offer at the point in time when the customer clicks the button that concludes the ordering process.
2.5 When submitting an offer via the seller’s online order form, the contract text is stored by the seller after the conclusion of the contract and transmitted to the customer after sending his order in text form (e.g. e-mail, fax or letter). The contract text is not made accessible beyond this by the seller. If the customer has set up a user account in the seller’s online shop before submitting his order, the order data are archived on the seller’s website and can be accessed by the customer free of charge via his password-protected user account by providing the corresponding login data.
2.6 Before submitting the order bindingly via the seller’s online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the zoom function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries within the framework of the electronic ordering process for as long as he uses the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 The order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the seller can be received at this address. In particular, the customer must ensure when using SPAM filters that all e-mails sent by the seller or by third parties commissioned by the seller with the order processing can be delivered.
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller’s cancellation policy.
4.1 Unless otherwise stated in the product description of the seller, the prices quoted are total prices that include the statutory value added tax. If applicable, additional delivery and shipping costs will be stated separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller’s online shop.
4.3 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.4 If the payment method “SOFORT” is selected, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to be able to pay the invoice amount via “SOFORT”, the customer must have an online banking account that is activated for participation in “SOFORT”, legitimize himself accordingly during the payment process and confirm the payment instruction to “SOFORT”. The payment transaction will be carried out immediately afterwards by “SOFORT” and the customer’s bank account will be debited. Further information on the payment method “SOFORT” can be found by the customer on the Internet at https://www.klarna.com/sofort/.
4.5 If a payment method offered via the payment service “Stripe” is selected, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Stripe are communicated to the customer in the seller’s online shop. Stripe may use other payment services to process payments, for which special payment conditions may apply, to which the customer may be separately informed. Further information on Stripe can be found on the Internet at https://stripe.com/de.
4.6 If the SEPA direct debit payment method is selected, the invoice amount is due after a SEPA direct debit mandate has been issued, but not before the deadline for the advance information on the payment has expired. The direct debit will be collected when the ordered goods leave the seller’s warehouse, but not before the deadline for the advance information. Advance information (“Pre-Notification”) is any communication (e.g. invoice, policy, contract) from the seller to the customer that announces a debit by means of SEPA direct debit. If the direct debit is not honored due to insufficient account coverage or due to the indication of incorrect bank details or if the customer objects to the debit, although he is not entitled to do so, the customer shall bear the fees incurred by the chargeback of the respective credit institution, if he is responsible for this.
4.7 If the SEPA direct debit payment method is selected, the invoice amount is due after a SEPA direct debit mandate has been issued, but not before the deadline for the advance information on the payment has expired. The direct debit will be collected when the ordered goods leave the seller’s warehouse, but not before the deadline for the advance information. Advance information (“Pre-Notification”) is any communication (e.g. invoice, policy, contract) from the seller to the customer that announces a debit by means of SEPA direct debit. If the direct debit is not honored due to insufficient account coverage or due to the indication of incorrect bank details or if the customer objects to the debit, although he is not entitled to do so, the customer shall bear the fees incurred by the chargeback of the respective credit institution, if he is responsible for this. The seller reserves the right to carry out a credit check when selecting the SEPA direct debit payment method and to reject this payment method in the event of a negative credit check.
4.8 If the payment method direct debit is selected, the invoice amount is due immediately upon conclusion of the contract. The payment method direct debit requires a successful credit check by secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag). If the customer is permitted to use direct debit after checking the creditworthiness, the payment will be processed in cooperation with secupay AG, to which the provider assigns its payment claim. In this case, secupay AG is irrevocably authorized to collect the invoice amount from the customer’s specified account. In the event of assignment, payment can only be made to secupay AG with debt-discharging effect. The direct debit will be made immediately after sending the customer’s order in the online shop. Even if the payment method direct debit is selected, the provider remains responsible for general customer inquiries, e.g. about the goods, delivery time, dispatch, returns, complaints, cancellation declarations and submissions or credit notes via secupay AG.
4.9 If the payment method direct debit via Stripe is selected, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: “Stripe”). In this case, Stripe will collect the invoice amount from the customer’s bank account on behalf of the seller after a SEPA direct debit mandate has been issued, but not before the deadline for the advance information. Advance information (“Pre-Notification”) is any communication (e.g. invoice, policy, contract) to the customer that announces a debit by means of SEPA direct debit. If the direct debit is not honored due to insufficient account coverage or due to the indication of incorrect bank details or if the customer objects to the debit, although he is not entitled to do so, the customer shall bear the fees incurred by the chargeback of the respective credit institution, if he is responsible for this. The seller reserves the right to carry out a credit check when selecting the SEPA direct debit payment method and to reject this payment method in the event of a negative credit check.
4.10 If the payment method credit card is selected, the invoice amount is due immediately upon conclusion of the contract. The payment method credit card payment is processed in cooperation with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which the seller authorizes to collect the claim in its name. PAYONE GmbH will collect the invoice amount from the customer’s specified credit card account. The credit card will be debited immediately after sending the customer’s order in the online shop. Even if the payment method credit card payment is selected, the seller remains responsible for general customer inquiries, e.g. about the goods, delivery time, dispatch, returns, complaints, cancellation declarations and submissions or credit notes via PAYONE GmbH.
4.11 If the payment method credit card is selected, the invoice amount is due immediately upon conclusion of the contract. The payment method credit card payment is processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag) to which the provider assigns its payment claim. Secupay AG will collect the invoice amount from the customer’s specified credit card account. In the event of assignment, payment can only be made to secupay AG with debt-discharging effect. The credit card will be debited immediately after sending the customer’s order in the online shop. Even if the payment method credit card payment is selected, the provider remains responsible for general customer inquiries, e.g. about the goods, delivery time, dispatch, returns, complaints, cancellation declarations and submissions or credit notes via secupay AG.
4.12 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: “Stripe”). Stripe reserves the right to carry out a credit check and to reject this payment method in the event of a negative credit check.
5.1 If the seller offers to ship the goods, the delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. For the processing of the transaction, the delivery address specified in the seller’s order processing is decisive.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. For the return costs, the regulation made in the seller’s cancellation policy applies in the event of an effective exercise of the right of withdrawal by the customer.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the customer or a person authorized to receive the goods when the goods are handed over. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer in the case of consumers as soon as the seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer commissions the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment with the execution and the seller has not previously named this person or institution to the customer.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the non-delivery is not the responsibility of the seller and the seller has concluded a concrete hedging transaction with the supplier with the necessary care. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
5.6 Digital content is provided to the customer as follows:
via download
via direct access through the entrepreneur’s website
6.1 Unless otherwise stated in the content description in the seller’s online shop, the seller grants the customer the non-exclusive, geographically and temporally unlimited right to use the content provided exclusively for private purposes.
6.2 A transfer of the content to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted, unless the seller has agreed to a transfer of the contractual license to the third party.
6.3 If the contract relates to the one-time provision of digital content, the granting of rights will only become effective when the customer has fully paid the owed remuneration. The seller may provisionally allow the use of the contractual content even before this point in time. A transfer of rights does not take place through such a provisional permission.
If the seller provides advance performance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
8.1 Unless otherwise stated in the following provisions, the provisions of the statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:
8.2 If the customer acts as an entrepreneur,
the seller has the choice of the type of subsequent performance;
for new goods, the limitation period for defects is one year from delivery of the goods;
for used goods, rights and claims due to defects are excluded;
The limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.
8.3 The above-mentioned limitations of liability and shortening of deadlines do not apply
to claims for damages and reimbursement of expenses by the customer,
in the event that the seller has fraudulently concealed the defect,
for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
for any existing obligation of the seller to provide updates for digital products, in contracts for the supply of goods with digital elements.
8.4 In addition, the statutory limitation periods for any existing statutory right of recourse remain unaffected for entrepreneurs.
8.5 If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial obligation to inspect and give notice of defects in accordance with § 377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods shall be deemed to have been approved.
8.6 If the customer acts as a consumer, he is asked to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer does not comply with this, this has no effect whatsoever on his statutory or contractual claims for defects.
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.
10.1 The EU Commission provides a platform for online dispute resolution on the internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of entry for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
10.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
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